Quyết định 166/QĐ-BHXH năm 2019 về Quy trình giải quyết hưởng chế độ bảo hiểm xã hội, chi trả chế độ bảo hiểm xã hội, bảo hiểm thất nghiệp do Bảo hiểm xã hội Việt Nam ban hành

DECISION

PROCEDURES FOR PROCESSING OF APPLICATIONS FOR SOCIAL INSURANCE BENEFITS, AND PAYMENT OF SOCIAL INSURANCE AND UNEMPLOYMENT INSURANCE BENEFITS

DIRECTOR GENERAL OF VIETNAM SOCIAL SECURITY

Pursuant to the Law on social insurance No. 58/2014/QH13 dated November 20, 2014 and its instructional documents;

Pursuant to the Law on occupational safety and health No. 84/2015/QH13 dated June 25, 2015 and its instructional documents;

Pursuant to the Law on employment No. 38/2013/QH13 dated November 16, 2013 and its instructional documents;

Pursuant to the Resolution No. 93/2015/QH13 dated June 22, 2015 of the National Assembly on implementation of the policy for lump-sum payment of social insurance benefits to workers;

Pursuant to the Government’s Decree No. 01/2016/ND-CP dated January 05, 2016 defining the functions, tasks, powers and organizational structure of Vietnam Social Security (VSS);

At the request of Director of Department of Social Insurance Implementation, and Director of Department of Finance and Accounting;

HEREBY DECIDES:

Article 1. Procedures for processing of applications for social insurance benefits and payment of social insurance and unemployment insurance benefits are issued together with this Decision.

Article 2. This Decision comes into force from May 01, 2019 and supersedes the following Decisions of VSS, including Decision No. 636/QD-BHXH dated April 22, 2016, Decision No. 828/QD-BHXH dated May 27, 2016, and Decision No. 1515/QD-BHXH dated October 17, 2016. The Official Dispatch No. 4644/BHXH-CSXH dated November 18, 2016 of VSS providing guidelines for payment of medical assessment charges, the Official Dispatch No. 3647/BHXH-CSXH dated September 21, 2016 of VSS providing provisional guidelines for payment of occupational accident and disease benefits as regulated by the Law on occupational safety and health, and other effective regulations of VSS that are contrary to regulations in this Decision shall be abrogated.

Article 3. Heads of VSS’s affiliates, Directors of Social Security Offices of provinces and central-affiliated cities, Director of Social Security Office affiliated to the Ministry of National Defence, Director of Social Security Office affiliated to the People’s Police Force, Heads of District Social Security Offices, relevant authorities, organizations and individuals shall implement this Decision./.

PROCEDURES

FOR PROCESSING OF APPLICATIONS FOR SOCIAL INSURANCE BENEFITS AND PAYMENT OF SOCIAL INSURANCE AND UNEMPLOYMENT INSURANCE BENEFITS
(Issued together with the Decision No. 166/QD-BHXH dated January 31, 2019 of Director General of Vietnam Social Security)

Chapter I

GENERAL PROVISIONS

Article 1. Interpretation of terms

1. Abbreviated terms in Vietnamese

- Lump-sum benefits include: Lump-sum benefits for occupational accidents and occupational diseases that result in deaths; payment for orthopaedic and rehabilitation devices; lump-sum pension; subsidies on funeral; subsidies for career change of workers who return to work after occupational accidents and occupational diseases; subsidies on provision of occupational disease examination or treatment; subsidies on work capacity restoration after occupational accidents and occupational diseases; medical assessment charges; seniority allowances for teachers upon retirements, etc.

- Refresher course subsidies: Subsidies on refresher courses provided for workers.

- Provinces: Provinces or central-affiliated cities.

- Districts: Urban or suburban districts, district-level towns, or provincial cities.

- Communes: Communes, wards, or commune-level towns.

- Vietnam Post: Vietnam Post Corporation.

- Employers: Organizations or individuals using workers.

- Units: Operations teams affiliated to a District Social Security Office.

- Benefit Claim and Customer Service Unit: A unit in charge of receiving and managing social insurance documents affiliated to District Social Security Office.

- Social Insurance Implementation Unit: A unit in charge of implementing social insurance policies affiliated to District Social Security Office.

- Contribution Collection Unit: A unit in charge of managing contribution collection affiliated to District Social Security Office.

- Planning and Finance Unit: A unit in charge of accounting, benefit payment and medical claim review affiliated to District Social Security Office.

- Card and Inspection Unit: A unit in charge of managing social insurance books and health insurance cards, and carrying inspections affiliated to District Social Security Office.

- Beneficiaries: Beneficiaries of both social insurance and unemployment insurance benefits.

- Law on social insurance: The Law on social insurance No. 58/2014/QH13 dated November 20, 2014.

- OSH: Occupational safety and health.

- Decree No. 115/2015/ND-CP: The Government’s Decree No. 115/2015/ND-CP dated November 11, 2015 providing guidelines for implementation of the Law on social insurance with regard to compulsory insurance.

- Decree No. 33/2016/ND-CP: The Government’s Decree No. 33/2016/ND-CP dated May 10, 2016 providing guidelines for implementation of the Law on social insurance with regard to compulsory insurance for soldiers, people’s police and cipher officers who receive monthly salaries as soldiers.

- Decree No. 28/2015/ND-CP: The Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Law on unemployment insurance.

- Decree No. 09/1998/ND-CP: The Government’s Decree No. 09/1998/ND-CP dated January 23, 1998 on amendments to the Government’s Decree No.50/CP dated July 26, 1995 on subsistence allowances for officials of communes, wards and commune-level towns.

- Decree No. 37/2016/ND-CP: The Government’s Decree No. 37/2016/ND-CP dated May 15, 2016 providing guidelines for some Articles of the Law on occupational safety and health with regard to compulsory insurance for occupational accidents and diseases.

- Decree No. 143/2018/ND-CP: The Government’s Decree No. 143/2018/ND-CP dated October 15, 2018 elaborating the Law on social insurance and the Law on occupational safety and health regarding compulsory social insurance for workers who are foreign nationals working in Vietnam.

- Decree No. 166/2016/ND-CP: The Government’s Decree No. 166/2016/ND-CP dated December 24, 2016 providing for electronic transactions in social, health and unemployment insurance sectors.

- Circular No. 59/2015/TT-BLDTBXH: The Circular No. 59/2015/TT-BLDTBXH dated December 29, 2015 of the Ministry of Labour, War Invalids and Social Affairs detailing and guiding some Articles of the Law on social insurance regarding compulsory social insurance.

- Circular No. 28/2015/TT-BLDTBXH: The Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 of the Ministry of Labour, War Invalids and Social Affairs on guidelines for Article 52 of the Law on employment and the Decree No. 28/2015/ND-CP.

- Circular No. 26/2017/TT-BLDTBXH: The Circular No. 26/2017/TT-BLDTBXH dated September 20, 2017 elaborating some Articles of the Law on occupational safety and health and Decree No. 37/2016/ND-CP.

- Circular No. 56/2017/TT-BYT: The Circular No. 56/2017/TT-BYT dated December 29, 2017 providing guidelines for some Articles on health of the Law on social insurance and the Law on occupational safety and health.

- Circular No. 181/2016/TT-BQP: The Circular No. 181/2016/TT-BQP dated November 04, 2016 of the Ministry of National Defence providing guidelines for applications, procedures and responsibility to process applications for social insurance benefits within the scope of Ministry of National Defence.

- Circular No. 01/2019/TT-BLDTBXH: The Circular No. 01/2019/TT-BLDTBXH dated January 02, 2019 of the Ministry of Labour, War Invalids and Social Affairs on determination of physical disability degrees by disability determination council.

- Decision No. 838/QD-BHXH: Decision No. 838/QD-BHXH dated May 29, 2017 of VSS on electronic transactions in social insurance, health insurance and unemployment insurance sectors.

- Decision No. 595/QD-BHXH: Decision No. 595/QD-BHXH dated April 14, 2017 of VSS on procedures for collection of contributions of social insurance, health insurance, unemployment insurance, occupational accident and occupational disease insurance, and issuance of social insurance books and health insurance cards. 

2. Interpretation of terms

- System: the short name of the Software and database system.

- Information management system: the software system which automatically receives, handles and stores electronic documents of organizations/individuals conducting electronic transactions and of providers of electronic transaction services in social insurance sector, manage and handle social insurance messages as regulated.

- Payment office: the place of payment of pensions, social insurance and unemployment insurance benefits, established by public service provider (Postal authority) under the approval of the relevant social insurance office.

- Transaction points of postal authorities are post offices.

- Payment agents are postal authorities that enter into contracts with social insurance offices for making payment of pensions and social insurance benefits and managing beneficiaries.

- Lists, reports or forms with signs are corresponding lists, reports or forms specified in the Appendix 01 enclosed herewith. E.g.: List No. 01B-HSB is the List of applicants for sickness, maternity and convalescence benefits.

- Valid copy: a copy extracted from the master register or an authenticated copy or a copy that has been compared with its original.

- Required documents mentioned in this document are either originals or valid copies if the submission of originals is not compulsory; other documents/forms mentioned in this document made or issued by social security offices are originals.

- The quantity of each required document mentioned herein is 01 copy.

- Number of social insurance application is also the social insurance code.

- Chapters, sections, articles, clauses, points, paragraphs and forms/tables referred to in this document without their sources specified shall be considered to be of this document.

- Forms with Cxx-HD sign referred to in this document are accounting vouchers used in social insurance sector issued together with the Circular No. 102/2018/TT-BTC dated November 14, 2018 of the Ministry of Finance and this source of reference shall not be repeated.

Article 2. Authority to process applications, make payment and manage beneficiaries

1. Authority to process applications for social insurance benefits

1.1. Each provincial social security office shall

1.1.1. Process applications for social insurance benefits, including:

a) Process applications for social insurance benefits submitted by workers, or their relatives, of employers under its management.

b) Process applications for social insurance benefits submitted directly to the provincial social security office by:

- Persons who are making compulsory social insurance contributions and apply for occupation accident/disease benefits due to relapse of injuries/diseases.

- Workers who preserve their social insurance payment periods or persons who voluntarily buy social insurance.

- Persons who are monthly receiving pensions or social insurance benefits.

- Relatives of workers preserving social insurance payment period, recipients of monthly pensions or social insurance benefits, or persons who voluntarily buy social insurance.

1.1.2. Make lists of recipients

a) Make lists of recipients of monthly pension, social insurance benefits, unemployment insurance benefits, vocational training subsidies; lists of recipients of refresher course subsidies under its management of contribution collection; lists of recipients of subsidies for prevention of occupational accidents and occupational diseases in province.

b) Make lists of recipients of lump-sum social insurance benefits from the provincial social security office; lists of recipients of social insurance benefits from postal authorities after their applications have been processed by the provincial social security office.

1.2. Each district social security office shall:

1.2.1. Process applications for social insurance benefits as regulated in Paragraph 1.1.1 Point 1.1 of this Clause.

1.2.2. Follow procedures for changing receiving address for persons who are receiving monthly pension/social insurance benefits and move to another district.

1.2.3. Make lists of recipients of lump-sum social insurance benefits from the district social security office; lists of recipients of social insurance benefits from postal authorities after their applications have been processed by the district social security office; list of recipients of refresher course subsidies under its management of contribution collection.

1.3. Apart from the compulsory processing of applications for lump-sum sickness, maternity, convalescence and social insurance benefits, if a district social security office is incapable of performing any duties mentioned in Paragraph 1.2.1 Point 1.2 of this Clause, Director of district social security office shall request Director of provincial social security office in writing to grant approval for suspension of performance of such duties by January 01, 2021. While a district social security office is incapable of processing applications for social insurance benefits as assigned, it shall receive applications, update information on the System, and transfer applications to the relevant provincial social security office for consideration by the prescribed time limit.

2. Authority to make payments and manage beneficiaries

2.1. Each social security office shall:

2.1.1. Make payment of sickness, maternity and convalescence benefits according to processed applications; pay vocational training and refresher course subsidies; pay subsidies for career change of workers who return to work after occupational accidents and occupational diseases, examination and treatment of occupational diseases, work capacity restoration, training in OSH, re-investigation into occupational accidents and occupational diseases, medical assessment charges; pay lump-sum social insurance benefits associated with other lump-sum benefits (if any) according to the list of recipients paid by the provincial social security office; pay unemployment insurance benefits by bank transfer to workers’ bank accounts.

2.1.2. Sign a contract for payment of social insurance benefits and management of beneficiaries with the provincial post office.

a) pay monthly pension and social insurance benefits; lump-sum social insurance benefits associated with monthly social insurance benefits; lump-sum social insurance benefits for beneficiaries who apply for payment by post; make cash payment of unemployment insurance benefits to workers.

b) manage beneficiaries of monthly pension and social insurance benefits. Make report on decrease in number of beneficiaries as regulated.

c) manage and keep the list of recipients of payments by post, the list of recipients of cash payments, and receipts of payment by post bearing signatures of beneficiaries as regulated by laws.

2.2. Each district social security office shall:

Make payment of sickness, maternity and convalescence benefits according to processed applications; provide refresher course subsidies; pay lump-sum social insurance benefits associated with lump-sum benefits (if any) according to the list of recipients paid by the district social security office.

Article 3. General provisions on application processing and payment of social insurance benefits

1. Social insurance benefits shall be paid on the basis of social insurance books displaying social insurance contribution periods which are conformable with the contribution collection database and the record of social insurance books and health insurance cards (exclusive of entities managed by the Ministry of National Defence and Ministry of Public Security). When processing an application for social insurance benefits, information on the applicant’s social insurance book must be compared to the contribution collection database/record of social insurance books and health insurance cards; the social insurance book must be kept as regulated after paying pension/death benefits. In case there is change, cancellation or termination of provision of social insurance benefits occurring after processing an application for social insurance benefits and relating to the contribution collection database/ record of social insurance books and cards, it is required to update database on the System and then adjust the social insurance book; such change, cancellation or termination of provision of social insurance benefits shall be made on the basis of updated database and adjusted social insurance book.

2. If documents issued by health agencies or competent agencies in charge of other sectors are used as the basis for paying social insurance benefits, information on such documents must be compared with the database on covered healthcare services, the national population database and other databases (if any).

3. Transfer of decisions, lists, reports and documents between operations units, or between operations units and their superior managers, or between social security offices must be made through the management system and stored on the System; approval shall be given by using digital signatures.

4. If fraud is suspected or forged documents or operational mistakes are detected by an operations unit while the processing of application and payment of social insurance benefits, that operations unit is required to immediately submit a report to Director of district/provincial social security office who shall give instructions for handling the case in accordance with applicable laws, and assume legal liability for his/her failure to handle the case by the prescribed time limit (If the case denotes any violations against the law, it must be transferred to the competent investigation authority).

5. Any delay or refusal to handle the case must be explained in writing.

6. The database on social insurance contributions and benefits must be managed by VSS (except those of entities managed by the Ministry of National Defence and Ministry of Public Security) and any changes in social insurance contributions and benefits must be updated on the System as regulated.

7. Organization of provision of social insurance and unemployment insurance benefits:

7.1. Social insurance and unemployment insurance benefits must be properly paid to qualified beneficiaries.

7.2. Social insurance officials and payment officials are not allowed to receive social insurance and unemployment insurance benefits on behalf of beneficiaries.

7.3. Payment agent must enter into a contract with VSS (Payment agent is Vietnam Post).

7.4. Vietnam Post must establish payment offices in communes in conformity with local conditions and approval from social security offices. Payment offices must have specific address and be added to the List of payment offices nationwide published on the portal of VSS. Provincial social security offices, Vietnam Post and postal authorities at all levels shall assume the full responsibility for any loss of money during transportation and payment of social insurance benefits by their affiliated units/workers without regard to objective or subjective reasons. In case of loss of money, appropriate measures must be adopted to make up the lost amount of money in order to ensure full payment of benefits by the prescribed time limit, avoid complaints and cause no difficulties to beneficiaries. If an incorrect payment is made at fault of the payment agent, the payment agent shall reimburse the amount to social insurance fund within 02 days from the day of detection of such incorrect payment, and withdraw the amount incorrectly paid.

8. In case of incorrect payments or payments to unqualified recipients due to mistakes of a social security office, its operations unit at which mistake occurs shall fully withdraw such incorrect payments. The relevant operations unit at fault shall fully reimburse unrecoverable amounts as regulated by law.

9. Provincial social security offices shall instruct and inspect the processing of applications, payment of benefits and management of beneficiaries by district social security offices, postal authorities, employers, relevant organizations and individuals, and beneficiaries in accordance with regulations herein.

10. Electronic transactions shall be made in accordance with Decree No. 166/2016/ND-CP and Decision No. 838/QD-BHXH.

11. Receipt of applications:

11.1. If an application for social insurance benefits includes documents issued by foreign authorities, they must be translated into Vietnamese and certified in accordance with the law of Vietnam.

11.2. Documents mentioned herein are originals if their copies are not mentioned. When receiving an uncertified copy, the receiving official shall compare it with the original, make certification by appending the phrase “having compared with the original”, his/her signature and certifying date on the first page of the copy, and then return the original to the applicant.

12. Depending on actual conditions of each province, Director of provincial social security office shall stipulate the time limit for performing duties of each operations unit provided that applications and payment of benefits must be processed and paid within the time limit prescribed in this Decision. Provincial social security offices are recommended to adopt measures for shortening the time for processing applications and payment of social insurance and unemployment insurance benefits.

13. Social security offices at all levels and payment agents are not allowed to request applicants to follow additional administrative procedures.

Chapter II

PROCEDURES FOR PROCESSING OF APPLICATIONS AND PROVISION OF SICKNESS, MATERNITY AND CONVALESCENCE BENEFITS

Article 4. Receiving applications and returning application processing results

 Benefit Claim and Customer Service Units/ Divisions shall:

1. Instruct and respond to queries of employers, workers or their relatives about social insurance policies and benefits and preparation of documents as regulated.

2. Receive paper documents submitted by employers as regulated in Points 2.1, 2.2, 2.4 of this Clause and those submitted by workers or their relatives as regulated in Point 2.3 of this Clause. To be specific:

2.1. With regard to application for sickness benefit: The application must comply with Clauses 1, 2 Article 100 of the Law on social insurance, Clauses 1, 2 Article 21 of the Circular No. 56/2017/TT-BYT and Clause 2 Article 15 of Decree No. 143/2018/ND-CP, including the List 01B-HSB made by the employer and the following:

2.1.1. For inpatient treatment:

a) The copy of the discharge note of the worker or his/her child aged under 7 years. In case a patient died at the health facility, the death certificate shall be submitted. If the death certificate does not include dates of hospitalization, other documents issued by the health facility must be submitted.

b) If a patient moves to a higher-level hospital during his/her inpatient treatment, the copy of the medical referral certificate or hospital transfer certificate must be submitted.

2.1.2. For outpatient treatment: The original of the confirmation of eligibility to receive social insurance benefits. Where both parents must be off work to take care of their child, the confirmation of eligibility to receive social insurance benefits of either father or mother may be the copy; or the discharge note including the physician or medical assistant’s indication to take rest after the inpatient treatment.

2.1.3. In case the worker or his/her child receives medical examination and treatment abroad, the documents mentioned in Paragraphs 2.1.1 and 2.1.2 of this Point shall be replaced with the copies of Vietnamese translations of medical certificates issued by foreign health facility.

2.2. With regard to application for maternity benefits of persons who are making social insurance contributions: The application must comply with Article 101 of the Law on social insurance, Clauses 1, 2, 3, 4, 5 Article 5 of Decree No. 115/2015/ND-CP, Articles 15, 18, 21 of the Circular No. 56/2017/TT-BYT, Article 7 of the Decree No. 33/2016/ND-CP and Clause 2 Article 15 of Decree No. 143/2018/ND-CP, including the List 01B-HSB made by the employer and the following:

2.2.1. Female workers take leave for antenatal care, miscarriage, abortion, stillbirth or therapeutic abortion, or follow methods of contraception:

a) For inpatient treatment: The copy of discharge note. If a patient moves to a higher-level hospital during his/her inpatient treatment, the copy of the medical referral certificate or hospital transfer certificate must be submitted.

a) For outpatient treatment: The confirmation of eligibility to receive social insurance benefits or the copy of discharge note including the physician or medical assistant’s indication to take rest after the inpatient treatment.

2.2.2. Female workers give birth:

a) The copy of birth certificate or extract of birth certificate or the copy of notice of birth.

b) In case the baby dies after birth: Apart from the document mentioned in Paragraph 2.2.2.a, the copy of death certificate or extract of death certificate or the copy of death notice must be submitted; In case the baby dies immediately after birth without the notice of birth issued, an extract or summary of medical record or discharge notice of the mother or the female worker who is surrogate mother shall be submitted.

c) In case the mother or surrogate mother dies after the childbirth, the copy of death certificate or extract of death certificate shall be submitted.

d) In case the mother or intended mother is unfit to take care of her child, the medical assessment report shall be submitted.

dd) If a female worker must take leave for pregnancy care as regulated n Clause 3 Article 31 of the Law on social insurance, one of the following documents must be submitted:

dd1) For inpatient treatment: The copy of discharge note or summary of medical record.

dd2) For outpatient treatment: The confirmation of eligibility to receive social insurance benefits.

dd3) For medical assessment: The medical assessment report.

e) In case of surrogacy, the application must include the copy of the agreement on surrogacy for humanitarian purpose as regulated in Article 96 of the Law on marriage and family in 2014, and the document certifying the time when the surrogate gives away the baby to the intended parents.

2.2.3. A worker adopts a newborn aged under 06 months: The copy of certificate of adoption is submitted.

2.2.4. Male workers or husbands of surrogate mothers take leave when their wives give birth: The copy of notice of birth or birth certificate or extract of birth certificate of the child; documents proving the cesarean or birth before 32 weeks gestation issued by health facilities, if any. In case the baby dies immediately after birth without the notice of birth issued, an extract or summary of medical record or discharge notice of the mother or the surrogate mother shall be submitted.

2.2.5. Male workers or husbands of surrogate mothers apply for lump-sum benefits when their wives give birth: The copy of notice of birth of birth certificate or extract of birth certificate of the child. In case the baby dies immediately after birth without the notice of birth issued, an extract or summary of medical record or discharge notice of the mother or the surrogate mother shall be submitted.

In case a male worker applies for benefit when he is on paternity leave and lump-sum benefit when his wife gives birth at the same time, the application, including the documents specified in Paragraph 2.2.4, shall be submitted once only.

2.3. With regard to maternity benefit of a person giving birth, receiving baby from surrogate, or adopting a child while stopping paying social insurance because of resignation or demobilization before the date of giving birth, receiving baby from surrogate or adopting a child (including the cases where the applicant pays social insurance from January 01, 2018 afterwards but stops employment with the employer that he/she wishes to apply for social insurance benefits):

2.3.1. The application shall conform to Paragraphs 2.2.2, 2.2.3 of this Point. When taking leave for antenatal care as regulated in Clause 3 Article 31 of the Law on social insurance, if the document mentioned in Paragraph 2.2.2.dd does not indicate the time off, the certificate of leave for antenatal care must be submitted.

2.3.2. In case of payment of medical assessment charges, invoices/receipts and list of medically assessed contents given by health facility must be submitted.

2.4. With regard to application for convalescence benefits after sick leave, maternity leave and recovery after an occupational accident or occupational disease: The application shall include List 01B-HSB prepared by the employer according to Clause 3 Article 100, Clause 5 Article 101 of the Law on social insurance; Clause 1 Article 60 of the Law on occupational safety and health.

3. Examine and compare the payment period specified in social insurance books of the workers mentioned in Point 2.3 Clause 2 of this Article and return social insurance books to applicants.

4. Access the information management system to receive List 01B-HSB in case of electronic transactions associated with paper documents; examine and ensure the integrity and sufficiency of application documents; arrange applications according to List 01B-HSB and transfer them to Social Insurance Implementation Units/Divisions; make receipt notes and return application processing results as regulated.

5. Receive applications from Social Insurance Implementation Units/Divisions for keeping and returning List C70a-HD enclosed with rejected applications to employers (if any). Return rejected applications to workers or their relatives (if any).

Article 5. Responsibility to process applications and make payments

1. Process applications:

1.1. Responsibility of Social Insurance Implementation Unit:

1.1.1. Receive applications

Receive paper applications from Benefit Claim and Customer Service Unit; access the information management system to receive List 01B-HSB; examine and verify the legality and integrity of received applications. Give notice of electronic application processing (using form 03/TB-GDDT enclosed with Decision No. 838/QD-BHXH).

1.1.2. Process applications:

a) Access the information management system for updating information and comparing it with contribution collection database, database on healthcare services and medical assessment, national population database (if any), consider add the applicant to Lists C70a-HD, C70b-HD (including medical assessment charges, if any); issue decision on withdrawal of money (using form 01C-HSB) in case of incorrect payments; submit lists/decisions to leader for approval.

b) Receive information from Planning and Finance Unit about cases where an employer provides false information about a worker's account and request the employer to provide correct information; transfer correct information about worker's account to Planning and Finance Unit.

c) Monthly make and send List D03-TS (enclosed with Decision No. 595/QD-BHXH) to the Contribution Collection Unit.

1.1.3. Transfer documents:

a) Transfer List C70a-HD, 70b-HD. to Planning and Finance Unit.

b) Transfer List C70a-HD, enclosed with paper applications for sickness, maternity and convalescence to Benefit Claim and Customer Service Unit.

c) Transfer List C70a-HD to employers (via electronic transactions).

d) Transfer List D03-TS to the Contribution Collection Unit.

1.1.4. Aggregate data and export reports:

On the first working day of each month, aggregate data and prepare reports No. 02A-HSB, 20-HSB of the previous month, submit them to leader for approval and then store them on the System and send them to the Social Insurance Implementation Division.

1.2. Responsibility of Social Insurance Implementation Division:

1.2.1. Perform duties prescribed in Point 1.1 of this Clause.

1.2.2. On the first working day of each month, aggregate data and export reports as regulated in Paragraph 1.1.4; prepare and submit reports No. 02B-HSB and 20-HSB to VSS (via Department of Social Insurance Implementation).

2. Responsibility of Planning and Finance Unit:

2.1. Receive Lists C70a-HD, C70b-HD from Social Insurance Implementation Unit, and Notice C12-TS from Contribution Collection Unit.

2.2. Make payments

2.2.1. Transfer money to employers for making payments to their workers according to list C70a-HD.

a) Transfer funding for making benefits to workers who do not open deposit accounts according to List C70a-HD.

Messages shall be automatically sent by the System to each beneficiary immediately after money is transferred to an employer’s account.

b) Instruct employers to make payments to their workers as regulated; in case beneficiaries fail to receive benefits, within 01 month from the receipt of money transferred by the social security office, instruct the employer to prepare and send List 6-CBH and the unpaid amounts to the social security office (via Planning and Finance Unit); monitor and manage payment of sickness and maternity benefits in order to ensure that unpaid amounts must be fully returned to the social security office.

c) Receive List 6-CBH for managing the number of unpaid beneficiaries and unpaid amounts.

2.2.2. Make direct payment to workers

a) Make payment to workers or their relatives via their personal accounts: Based on Lists C70a-HD and C70b-HD, transfer money to personal account of the beneficiary after verifying account details with the bank where the beneficiary’s account is opened; inform the Social Insurance Implementation Unit to request employers to provide correct information about personal accounts of their workers; receive correct information about beneficiaries’ accounts from Social Insurance Implementation Unit.

b) Make direct cash payment

Make cash payment directly to beneficiaries on the List C70b-HD and List 6-CBH, and request them to certify their receipt of money by signing.

2.3. Prepare List C75-HD and record amounts withdrawn from each beneficiary as regulated.

2.4. Record revenues and expenses from health insurance premiums according to Notice C12-TS.

2.5. Prepare monthly report No. 4-CBH on sickness, maternity and convalescence benefits paid by District Social Security Office.

3. Responsibility of Planning and Finance Division: Perform duties mentioned in Clause 2 of this Article as assigned by Provincial Social Security Office, prepare and send List C75-HD and monthly report No. 4-CBH on payment of sickness, maternity and convalescence benefits in the province to Social Insurance Implementation Division.

4. Time-limit for application processing and payment

4.1. An application submitted by the employer shall be processed within 06 working days from the receipt of sufficient application as regulated.4.2. If an application is submitted by the worker or his/her relative directly to the social security office, it shall be processed within 03 working days from the receipt of sufficient application as regulated.

5. Review and inspection

5.1. Responsibility of Social Insurance Implementation Unit:

5.1.1. Review and inspection

Based on database on sickness, maternity and convalescence benefits, database of sickness and maternity fund, database on covered healthcare and medical assessment services, and national population database (if any), review, compare and analyze information for detecting cases of misuse of social insurance fund, prepare and send List 01A-HSB) to the Inspectorate Unit.

5.1.2. Inspection plan

a) Annual inspection: Cooperate with the Inspectorate Unit in developing annual plan for inspection of payment of sickness and maternity benefits by employers, health facilities and agencies approving applications for sickness and maternity benefits in district. Director of social security office shall decide the number of agencies and entities subject to the annual inspection.

b) Unscheduled inspection: Based on data reviewing results, prepare the List of entities to be subjected to an unscheduled inspection, and proactively cooperate with relevant units (Inspectorate Unit, Planning and Finance Unit, Benefit Claim and Customer Service Unit, Medical Claim Review Unit) in requesting the Director of social security office to make unscheduled inspection decision.

5.2. Responsibility of Social Insurance Implementation Division: Perform duties mentioned in Point 5.1 of this Clause and carry out inspection of employers whose applications have been processed by Districts Social Security Offices.

Chapter III

PROCEDURES FOR PROCESSING OF APPLICATIONS AND PROVISION OF BENEFITS FOR OCCUPATIONAL ACCIDENTS AND OCCUPATIONAL DISEASES, PENSION AND DEATH BENEFITS

Article 6. Receiving applications and returning application processing results

1. Responsibility of Benefit Claim and Customer Service Unit:

1.1. Instruct and respond to queries of employers, workers or their relatives about social insurance policies and benefits and preparation of documents as regulated.

1.2. Receive applications submitted by employers, Commune People's Committees, workers and their relatives. To be specific:

1.2.1. Benefits for occupational accidents and occupational diseases: Applications for benefits for occupational accidents and occupational diseases shall conform to Clause 1 Article 51 of the Law on occupational safety and health; Clauses 2, 3, 4 Article 57 and Clauses 2, 3, 4 Article 58 of the Law on occupational safety and health; Clauses 1, 2 Article 15 of Decree No. 143/2018/ND-CP; Clause 3 Article 6 of Decree No. 37/2016/ND-CP; Clause 6 Article 6, Clause 4 Article 7, Clause 1 Article 8, Clause 4 Article 10 of Circular No. 26/2017/TT-BLDTBXH; Clause 2 Article 25 of Circular 56/2017/TT-BYT, including:

a) In case of new occupational accident/ disease:

a1) The report on assessment of work capacity reduction made by the medical assessment council or the copy of certificate of occupational HIV/AIDS infection (equivalent to 61% reduction in work capacity); if the work capacity is reduced by more than 61% as defined by the medical assessment council, the application for occupational disease benefit must include the medical assessment report.

a2) For inpatient treatment: The copy of discharge note or extract of medical record.

a3) In case of outpatient treatment of occupational disease, the certificate of examination of occupational disease shall be submitted.

a4) Indication to use orthopaedic and rehabilitation devices given by the health facility or orthopaedic and rehabilitation center (if any).

a5) The application form No. 05A-HSB.

a6) In case of payment of medical assessment charges, invoices/receipts and list of medically assessed contents given by health facility must be submitted.

b) In case of recurrence of injuries/diseases:

b1) The social insurance book (if the preservation of social insurance payment period is not yet updated on the System or social insurance code is not available) in case the medical assessment report denotes that the worker’s work capacity reduction is not eligible for benefits.

b2) In case the treatment is completed or the patient is discharged before July 01, 2016 and the previous medical assessment report denotes that the worker’s work capacity reduction is not eligible for occupational accident/disease benefit: The record of occupational accident investigation or report on measurement of workplace hazards; in case a traffic accident is certified as an occupational accident, the copy of one of the following documents must be submitted: The scene examination record, diagram of scene of the traffic accident or the record of traffic accident made by the police authority or criminal investigation authority associated to the People’s Army.

b3) The report on the latest assessment of work capacity reduction made by the medical assessment council in case a worker has been medically assessed and is not eligible for benefits.

b4) The report on re-assessment of work capacity reduction after treatment of relapsed injury/disease.

b5) Indication to use orthopaedic and rehabilitation devices given by a health facility or orthopaedic and rehabilitation center affiliated to the Ministry of Labour, War Invalids and Social Affairs or a hospital of province or equivalent level (if any).

b6) In case of payment of medical assessment charges, invoices/receipts and list of medically assessed contents given by health facility must be submitted.

c) In case of general medical assessment of a worker who meets accident or contracts disease at work again:

c1) The copy of discharge note or extract of medical record given after completion of the final inpatient treatment.

c2) In case the victim of occupational accident finishes treatment or is discharged before July 01, 2016 without assessment of work capacity reduction: The record of occupational accident investigation; in case a traffic accident is certified as an occupational accident, the copy of one of the following documents must be submitted: The scene examination record, diagram of scene of the traffic accident or the record of traffic accident made by the police authority or criminal investigation authority associated to the People’s Army.

c3) In case the worker contracting occupational disease finishes treatment or is discharged before July 01, 2016 without assessment of work capacity reduction: The copy of report on measurement of workplace hazards.

c4) The report on general assessment of work capacity reduction; if a worker is ineligible for benefits according to results of the previous assessment of work capacity reduction, the report on that assessment of work capacity reduction is also submitted;

c5) Indication to use orthopaedic and rehabilitation devices given by the health facility or orthopaedic and rehabilitation center (if any).

c6) The application form No. 05A-HSB; if a worker previously met occupational accident or contracted occupational disease while working for another employer and does not yet receive benefits, the request for occupational accident/disease benefits made by this employer shall be also submitted.

c7) In case of payment of medical assessment charges, invoices/receipts and list of medically assessed contents given by health facility must be submitted.

d) In case a worker contracts occupational disease in his/her retirement or after resignation or when he/she no longer does the job posing risk of occupational disease: Documents submitted by the worker include:

d1) Documents relating examination of occupational disease.

d2) The application form No. 05B-HSB.

d3) The report on assessment of work capacity reduction.

d4) In case of payment of medical assessment charges, invoices/receipts and list of medically assessed contents given by health facility must be submitted.

e) In case a person has been receiving occupational accident/disease benefit from January 01, 2007, has been provided with orthopaedic and rehabilitation devices and now requests for new orthopaedic and rehabilitation devices, the application also includes: Invoice/receipt of provided device; train/coach tickets for travel to receive device (if any).

1.2.2. Monthly pension and monthly benefits for communal officials: Applications shall conform to Article 108, Article 113, Clause 1 Article 116, Clauses 1, 8 Article 123 of the Law on social insurance; Clause 1 Article 15 of Decree No. 143/2018/ND-CP; Article 25 of Decree No. 115/2015/ND-CP; Clause 2 Article 25 of Circular No. 56/2017/TT-BYT; Point dd Clause 9 Article 22 of Circular No. 181/2016/TT-BQP, including:

a) In case a worker is paying compulsory social insurance at employer, the application includes:

a1) Social insurance book.

a2) Decision on approval for retirement using the form provided in the Government's Decree No. 46/2010/ND-CP dated April 27, 2010 or the form 12-HSB or the written agreement on termination of labour contract for enjoying pension.

a3) The original of report on assessment of work capacity reduction (in case the worker has submitted the original report for receiving other benefits, the copy thereof may be used) or the copy of certificate of occupational HIV/AIDS infection.

a4) The Statement Form No. 04B-HBKV (promulgated together with the Circular No. 181/2016/TT-BQP) of the person who served in the army before January 01, 2007 in area where regional benefit is granted.

b) In case a person pays voluntary social insurance or preserves social insurance payment period (including cases a person is serving an imprisonment sentence, a person has illegally emigrated and now return Vietnam for living, or a person is declared missing by the Court), the application includes:

b1) Social insurance book.

b2) The application form 14-HSB.

b3) The original of report on assessment of work capacity reduction (in case the worker has submitted the original report for receiving other benefits, the copy thereof may be used) or the copy of certificate of occupational HIV/AIDS infection.

b4) The power of attorney (form 13-HSB) of the person who has been serving an imprisonment sentence from January 01, 2016 afterwards.

b5) If a person has finished his/her imprisonment sentence within the period from January 01, 1995 to January 01, 2016, the copy of one of the following documents shall be submitted: Certificate of discharge upon completion of imprisonment sentence or parole certificate or decision on exemption from serving imprisonment sentence or decision on deferment of imprisonment sentence.

b6) The copy of certificate of legal residency given by a competent authority of the person who returns Vietnam for living after illegal emigration.

b7) The copy of the effective decision on invalidation of the Court's decision declaring the missing in case the person declared missing comes back.

b8) The Statement Form No. 04B-HBKV (promulgated together with the Circular No. 181/2016/TT-BQP) of the person who served in the army before January 01, 2007 in area where region-based benefit is granted.

b9) In case of payment of medical assessment charges, invoices/receipts and list of medically assessed contents given by health facility must be submitted.

c) In case a person is granted decision or certificate of work ceasing awaiting pension or monthly benefit according to Decree No. 09/1998/ND-CP:

c1) The original of Decision certificate of work ceasing awaiting pension or monthly benefit as regulated in Decree No. 09/1998/ND-CP; if this decision or certificate is lost, the Form 14-HSB shall be submitted.

c2) Documents mentioned in b3, b4, b5, b6, b7, b8, b9 of this paragraph.

1.2.3. Lump-sum social insurance benefits/lump-sum pension for people who move to reside overseas or foreign nationals who no longer stay in Vietnam while receiving monthly pension or social insurance benefits: Applications shall conform to Article 109 of the Law on social insurance; Article 4, Clause 4 Article 13, Clause 2 Article 25 of Circular No. 56/2017/TT-BYT; Point dd Clause 9 Article 22 of Circular No. 181/2016/TT-BQP; Clauses 1, 2 Article 15 and Clause 1 Article 16 of Decree No. 143/2018/ND-CP, including:

a) In case of lump-sum social insurance benefit, the application includes:

a1) Social insurance book.

a2) The application form 14-HSB.

а3) If a person moves to reside overseas, the applications must also include the copy of the affirmation of renunciation of Vietnamese nationality or certified or notarized Vietnamese translation of one of the following documents:

- Passport issued by a foreign authority.

- Visa issued by a foreign authority, certifying legal immigration for permanent residence abroad.

- Document certifying the application for foreign citizenship; certification or card of permanent or temporary residence for a period of at least 05 years issued by a foreign authority.

a4) Where a person contracts a life-threatening disease such as cancer, polio, ascites, leprosy, severe tuberculosis or a HIV-positive person who develops AIDS, the application must also include the medical record extract/summary certifying the patient's inability to take care of himself/herself; if a person contracts another disease, the application shall include the report on assessment of work capacity reduction given by the medical assessment council to certify the patient’s work capacity reduced by 81% or more severe and the patient's inability to take care of himself/herself.

a5) In case of payment of medical assessment charges, invoices/receipts and list of medically assessed contents given by health facility must be submitted.

a6) The Statement Form No. 04B-HBKV (promulgated together with the Circular No. 181/2016/TT-BQP) of the person who served in the army before January 01, 2007 in area where region-base benefit is granted.

b) In case a worker who is a foreign national working in Vietnam applies for lump-sum social insurance benefit, the application includes: The documents prescribed in a2, a4, a5 of this paragraph.

c) If a beneficiary of monthly pension or social insurance benefits moves to reside overseas and applies for lump-sum pension or social insurance benefit, the application includes: The documents prescribed in a2, a3 of this paragraph.

d) If a foreign national who is receiving monthly pension or social insurance benefit leaves Vietnam and applies for lump-sum pension or social insurance benefit, the application is made using Form 14-HSB.

1.2.4. Death benefits: Applications shall conform to Clause 1 Article 111 of the Law on social insurance; Form 04C-HBKV (issued together with Circular No. 181/2016/TT-BQP if a person served in the army before January 01, 2007 in area where region-base benefit is granted); Clause 4 Article 25 of Circular No. 59/2015/TT-BLDTBXH, and Clause 1 Article 15 of Decree No. 143/2018/ND-CP. To be specific:

a) In case a person who is paying social insurance or has social insurance payment period preserved dies, the application includes:

a1) Social insurance book.

a2) The copy of death certificate or death notice or extract of death certificate or the court's declaration of death.

a3) The declaration form 09-HSB.

a4) The original report on assessment of work capacity reduction of the dead person’s relative whose work capacity reduced by 81% or more severe (if the original report has been submitted for other type of social insurance benefits, the copy thereof may be used), or the copy of certificate of extremely severe physical disability (equivalent to the work capacity reduction level of 81% or more severe) as regulated in Circular No. 01/2019/TT-BLDTBXH in case of application for monthly survivor benefit.

a5) The record of occupational accident investigation or the medical record for treatment of occupational disease if a person died from occupational accident or occupational disease.

a6) Invoices/payment receipts and list of medically assessed contents given by health facility in case of payment of medical assessment charges.

a7) The Statement Form No. 04C-HBKV (promulgated together with the Circular No. 181/2016/TT-BQP) of the person who served in the army before January 01, 2007 in area where region-base benefit is granted.

b) In case a person who is receiving or is suspended from monthly pension or social insurance benefit dies, the application includes: The documents prescribed in a2, a3, a4, a6 of this paragraph.

1.2.5. Suspension and resumption of social insurance benefits of persons whose applications have been approved:

a) Suspension of social insurance benefits:

a1) If a person illegally emigrates, the copy of illegal immigrant certificate issued by a competent authority shall be submitted.

a2) If a person is missing, the copy of the Court’s decision declaring the missing shall be submitted.

b) Resumption of monthly social insurance benefit:

b1) If a person who completed his/her imprisonment sentence within the period from January 01, 1995 to before January 01, 2016 applies for resumption of monthly social insurance benefit, the application includes:

- The application Form 14-HSB.

- The copy of Certificate of discharge upon completion of imprisonment sentence or parole certificate or decision on exemption from serving imprisonment sentence or decision on deferment of imprisonment sentence.

b2) If a person who has illegally emigrated returns Vietnam, the application includes: the application form 14-HSB and the copy of certificate of legal residency given by a competent authority.

b3) If a person declared missing by the court comes back, the application includes the application form 14-HSB and the copy of the effective decision on invalidation of the Court's decision declaring the missing.

1.2.6. Adjustment, cancelation or termination of social insurance benefit which is not related to contribution collection database or record of social insurance books and cards, the application includes:

a) The receipt note displaying the request for adjustment, cancelation or termination of social insurance benefit or the application form 14-HSB if the application is submitted by the beneficiary.

b) Documents/papers used as the basis for adjustment, cancelation or termination of social insurance benefit.

1.2.7. Relocation of address for receiving monthly pension/benefit; relocation of applications for monthly pension or benefit of communal officials: The application Form 14-HSB shall be submitted.

1.3. Examine and ensure the sufficiency and integrity of applications; prepare the application receipt notes; if an application is insufficient, return it and provide instructions for completing it for the applicant. If an application lacks information serving the management of beneficiary (unclear address, unavailable telephone number, insufficient account details, etc.), request the employer or worker to complete form 14-HSB or provide additional information on the application receipt note. 1.4. Digitize received paper applications (except social insurance books) for updating the System and transfer them to Social Insurance Implementation Unit; keep paper applications received from workers or their relatives, employers and Social Insurance Implementation Unit (except social insurance books submitted when applying for benefits for occupational accidents or occupational diseases).

1.5. Receive applications which have been processed by the Social Insurance Implementation Unit and return them to applicants (including decisions on provision, adjustment, cancellation or termination of social insurance benefits and the social insurance contributions statement, if any) in the form registered by applicants; in case of electronic transactions, application processing results shall be provided according to Decision No. 838/QD-BHXH.

Directors of provincial/district social security offices shall stipulate the provision of application processing results to workers by post.

1.6. Process applications for relocation of receiving address of beneficiaries of pension/social insurance benefits: Access the central electronic records management system for searching digitized documents and performing the following duties:

1.6.1. If a beneficiary relocates within the same district: Change payment office suitable for the receiving address registered by the beneficiary and notify decrease in number of beneficiaries on the System using form 8-CBH.

1.6.2. If a beneficiary moves to another district within the same province or moves to another province: Issue and transfer Form 18-HSB through the System to the social security office of the district to which the beneficiary is transferred; notify decrease in the number of beneficiaries on the System using For, 8-CBH. Issue the Notice Form 23-HSB to the beneficiary.

Time-limit for processing an application: Immediately when receiving the application.

1.6.3. If a beneficiary receives social insurance benefit against the law as certified by a competent authority, give a written notification, accompanied by relevant documents, to the social security office of the place to which the beneficiary is transferred.

1.7. Transfer digitized documents stored on the System to Archives Center of VSS.

2. Responsibility of Benefit Claim and Customer Service Division:

2.1. Perform duties in Point 1.1; Paragraphs 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6 Point 1.2; Points 1.3, 1.4, 1.5, 1.6, 1.7 Clause 1 of Article. In case a beneficiary of monthly pension or social insurance benefit submits an application for relocation of receiving address to the provincial social security office, receive application according to Paragraph 1.2.7 Point 1.2 Clause 1 of this Article.

2.2. Receive applications as regulated in Clause 2 Article 10, Clause 3 Article 14, Clause 2 Article 18, Clause 2 Article 22, Clause 2 Article 26, Article 29 and Clause 3 Article 30 of Decree No. 37/2016/ND-CP transferred from competent authorities in charge or labour, war invalids and social affairs, and those in charge of healthcare, including:

2.2.1. With regard to subsidies for career change; provision of occupational disease examination and treatment, work capacity restoration, or training in OSH: Decision on provision of subsidies for career change; provision of occupational disease examination and treatment, work capacity restoration, or training in OSH.

2.2.2. With regard to advance payment of funding for re-investigation into occupational accident or occupational disease: The investigation plan and/or estimate of investigation expenditures made by the authority making re-investigation decision.

2.2.3. With regard to statement of costs of re-investigation into occupational accident or occupational disease:

a) The decision on establishment of occupational accident or occupational disease re-investigation team.

b) The record of occupational accident or occupational disease re-investigation.

c) Certified copies of payment vouchers of re-investigation costs as regulated.

2.3. Transfer documents mentioned in Point 2.2 of this Clause to Social Insurance Implementation Division.

2.4. In case of relocation of applications for monthly pension/benefit of communal officials:

2.4.1. Receive the application and transfer social insurance book of the applicant to the Contribution Collection Division for reviewing and updating his/her social insurance payment period on the System.

2.4.2. Get back the social insurance book from the Division of Social Insurance Book and Health Insurance Card Management, send Form 15A-HSB to the social security office of province to which the official moves, and issue Form 15B-HSB to the official.

2.5. Receive processed applications for subsidies for career change for workers who return to work after occupational accidents or occupational diseases, provision of occupational disease examination/treatment, work capacity restoration, training in OSH, and documents concerning payment and statement of costs of re-investigation into occupational accidents or occupational diseases transferred by the Planning and Finance Division for retention.

Article 7. Processing applications and making payments

1. Processing applications:

1.1. Responsibility of Social Insurance Implementation Unit:

1.1.1. Receive and examine applications

a) Receive applications

a1) In case of paper application: Receive paper application from Benefit Claim and Customer Service Unit.

a2) In case of electronic transaction: Receive applications submitted by employers, workers or their relatives by accessing the information management system; issue notices of electronic application processing (using Form 03/TB-GDDT issued together with the Decision No. 838/QD-BHXH).

b) Examine applications; Compare and ensure the consistency between information on social insurance book and data on the System.

b1) In case data is not available on the System, information on the social insurance book does not match with data on the System, data is insufficient or implausible, or an application for adjustment, cancellation or termination of social insurance benefits involves contribution collection data which is not yet adjusted, transfer the application to the Contribution Collection Unit/ Unit of Social Insurance Book and Health Insurance Card Management using Form 21-HSB, accompanied with the social insurance book (if social insurance contribution is made in another district/province, the application shall be transferred directly to the social security office receiving such contributions); receive completed applications from the Contribution Collection Unit/ Unit of Social Insurance Book and Health Insurance Card Management.

b2) Carry out or request relevant authorities to make verification to serve the processing of applications.

b3) Request the leader to make complaint against medical assessment report in case there is enough foundation to believe that the medical assessment council's conclusion on the severity of injury, disease or work capacity reduction does not correspond with the actual medical condition and health status of the medically assessed person.

b4) Submit a report on any unfounded affirmation of occupational accident or occupational disease to the Social Insurance Implementation Division for requesting the Provincial Department of Labour, War Invalids and Social Affairs/ Provincial Department of Health to carry out re-investigation.

1.1.2. Process new applications for occupational accident/disease benefits, pension and death benefits:

a) Process the received application after comparing the application with data on the System, and submit decision and/or social insurance contributions statement (if any) (Form 04-HSB) to the leader for approval; print and submit 02 copies of decision and/or social insurance contributions statement to the leader for signing; transfer them to the Benefit Claim and Customer Service Unit.

- With regard to death benefit: If the recipient of funeral benefit is not the one receiving death benefit, pay funeral benefit to the dead person’s relative taking charge of burial and pay lump-sum death benefit to the person who is appointed to receive death benefit, or pay monthly survivor benefits to eligible relatives of the dead person regardless of residing places and types of death benefits.

- With regard to medical assessment charges: Based on the received application for social insurance benefit, examine the legality of invoices/receipts of payment of medical assessment charges, consider eligibility requirements and regulated charges, and specify the medical assessment charges paid by social insurance fund on the decision on provision of social insurance benefit; If an application is refused, reasons thereof shall be given in writing to the applicant.

Medical assessment charge shall not be paid if the medical assessment result has been used for receiving other benefits.

- With regard to payment for orthopaedic and rehabilitation devices:

+ If a person has been receiving benefit for occupational accident or occupational disease from January 01, 2007: Consider adding the eligible applicant to List C97-HD (for lump-sum benefit) or List C72a-HD (for monthly benefit). Update the abovementioned Lists with specific amount to be paid for orthopaedic and rehabilitation devices on a regular basis corresponding to the useful life of these devices.

+ If a person has been receiving benefit for occupational accident or occupational disease since before January 01, 2007: Consider adding the eligible recipient to List C97-HD (for lump-sum benefit) or List C72a-HD (for monthly benefit) after determining the specific benefit to be paid according to the received application, useful life, type and invoices/payment receipts of orthopaedic and rehabilitation devices.

b) Time-limit for processing a new application:

b1) An application for occupational accident/disease benefit shall be processed within 06 working days from the receipt of sufficient application as regulated.

b2) An application for pension shall be processed within 12 working days from the receipt of sufficient application as regulated.

b3) An application for lump-sum pension/social insurance benefit of the person who moves to reside abroad while receiving monthly pension/social insurance benefit shall be processed within 05 working days from the receipt of sufficient application as regulated.b4) An application for death benefit shall be processed within 08 working days from the receipt of sufficient application as regulated.

1.1.3. Process applications of adjustment, suspension, resumption, cancellation or termination of social insurance benefits:

a) Access the System for comparing information on the received application with data on the System; approve the application and submit the social insurance contributions statement (if any) and decision on adjustment, suspension, resumption, cancellation or termination of social insurance benefit using corresponding form provided in Appendixes enclosed herewith to the leader for approval if an application is satisfactory; print and submit 02 copies of the abovementioned documents to the leader for signing, and then transfer them to the Benefit Claim and Customer Service Unit.

b) Request verification from another social security office when considering the adjustment of social insurance benefit according to an application transferred from such social security office. The requested social security office must provide verification or written response within 05 working days from the receipt of written request. Based on documents and opinions given by the concerned social security office, the application shall be processed according to Paragraph 1.1.3.a hereof.

c) Social Insurance Implementation Unit shall request the head of district social security office to make decisions on adjustment or cancellation of social insurance benefits regarding applications processed by such district social security office; Social Insurance Implementation Division shall request the head of the provincial social security office to make decisions on adjustment or cancellation of social insurance benefits regarding applications processed by both district social security offices and such provincial social security office.

d) Adjustment or cancellation of social insurance benefits of beneficiaries affiliated to the Ministry of National Defence or Ministry of Public Security shall be processed by the social security office affiliated to Ministry of National Defence or People’s Police Force; processed applications for adjustment or cancellation of social insurance benefits shall be transferred to provincial social security office in charge of payment (except cases of adjustment due to change of the statutory pay rate).

dd) Where a beneficiary is found to receive social insurance benefit against the lawsoft as regulated in Point c Clause 1 Article 64 of the Law on social insurance, cooperate with relevant authorities in inspecting, verifying and reaching written conclusion on such violation which shall be used as the basis for making decision on cancellation or termination of social insurance benefit.

e) With regard to an application for monthly pension/social insurance benefit which has been processed by a competent agency in charge of another sector and transferred to the social security office for management and payment, adjustment or termination of social insurance benefit shall be made according to the decision/conclusion given by competent authority.

g) Adjustment of pension/social insurance benefits for beneficiaries according to a policy on adjustment of social insurance benefits shall be made according to written guidelines applicable at the time of promulgating such policy.

h) Time-limit for processing an application: As regulated in Paragraph 1.1.2.b of this point.

1.1.4. Relocate new beneficiaries of monthly social insurance benefits, lump-sum occupational accident/disease benefits or lump-sum death benefits to another district/province:

a) The social security office of district/province from which the beneficiary moves: Process the application for social insurance benefit and submit Form 18-HSB to the leader of Unit/Division for approval, and then transfer it through the System to the social security office of district registered by the applicant; in case of application for lump-sum occupational accident/ disease benefit or lump-sum death benefit, Form 23-HSB shall be transferred together with the processed application.

b) The social security office of district/province to which the beneficiary moves:

b1) Existing beneficiaries of monthly pension/ social insurance benefits: Access the System for receiving the notice of relocation of beneficiaries; notify increase in number of beneficiaries on the System and add them to the corresponding List of recipients.

b2) New beneficiaries of monthly social insurance benefits, lump-sum occupational accident/ disease benefits or lump-sum death benefits: Access the System for receiving the notice of relocation of beneficiaries; check data on the central electronic records management system, notify increase in number of beneficiaries on the System, and update the List of recipients; if a beneficiary is founded to be ineligible to receive benefit, the provision of benefits shall be suspended and the social security office which has processed the application shall be informed for cooperation; at the same time, the beneficiary shall be also provided with a notification.

1.1.5. Aggregate data and export reports:

a) On the first working day of each month, aggregate data, export and submit the report No. 20-HSB to leader for approval, store the approved report on the System and send it to the Social Insurance Implementation Division.

b) On the first working day of July and of January of each year or at the request, make the report for the first six months and the report for the previous year or ad hoc report using form 22-HSB; store reports on the System and send them to the Social Insurance Implementation Division of province.

1.2. Responsibility of Social Insurance Implementation Division:

Perform duties as regulated in Point 1.1 of this Clause and make reports on provincial scale according to Paragraph 1.1.5 Point 1.1 of this Clause, and send them to VSS (via Department of Social Insurance Implementation).

2. Responsibility to make lists/reports

2.1. Make lists of recipients of lump-sum payments

2.1.1. Responsibility of Social Insurance Implementation Unit:

Based on data about processed applications for lump-sum social insurance benefits, notices of relocation of beneficiaries of lump-sum occupational accident/disease benefits or lump-sum death benefits transferred from social security offices of other districts/provinces, and decisions on deduction of social insurance benefits of competent authorities, daily prepare the list of recipients of benefits by bank transfer and the list of recipients of cash payments by using Form C97-HD, submit them to leader for approval, and send approved lists to Planning and Finance Unit.2.1.2. Responsibility of Social Insurance Implementation Division:

Based on data about processed applications for lump-sum social insurance benefits, notices of relocation of beneficiaries of lump-sum occupational accident/disease benefits or lump-sum death benefits transferred from social security offices of other provinces, and decisions on deduction of social insurance benefits of competent authorities, daily prepare the list of recipients of benefits by bank transfer and the list of recipients of cash payments by using Form C97-HD, submit them to leader for approval, and send approved lists to Planning and Finance Division.

2.2. Make lists of recipients of monthly pension/social insurance benefits

2.2.1. Responsibility of Social Insurance Implementation Unit: From the first day to the ending day of each month:

a) Receive Form8-CBH and Form 7a-CBH transferred by district postal authority, and decisions given by competent authorities on deduction of monthly pension/social insurance benefits; based on data on processing of applications for monthly pension/social insurance benefits (including applications for adjustment of benefits) in the district, and those transferred from social security offices of other districts in the month, the list of recipients in the month and list of payment offices in the district, compare, determine and update the System with the amounts payable and amounts to be recovered.

b) Receive Form 2-CBH, Form 14-HSB submitted by beneficiaries for change of receiving method or receiving accounts or receiving address from the Benefit Claim and Customer Service Unit or postal authorities for updating management software.

c) Prepare and transfer List D03-TS to Social Insurance Implementation Division.

2.2.2. Responsibility of Social Insurance Implementation Division: Receive and based on lists and notices prepared and sent by district social security offices as regulated in Paragraph 2.2.1 of this Point, decisions on deduction of monthly pension/social insurance benefits given by competent authorities, data on processing of applications for monthly pension/social insurance benefits (including applications for adjustment of benefits) in the province, and those transferred from social security offices of other provinces in the month, the list of beneficiaries transferred from social security offices of other provinces in the month, List 7a-CBH and list of recipients in the month, prepare, summit for approval and print the following lists and reports:

a) List of recipients of monthly pension/social insurance benefits from the first day to ending day of the following month (Form C72a-HD), including lump-sum benefits (if any), and sorted by payment methods, including bank transfer and cash payment.

b) List D03-TS (issued together with Decision No. 595/QD-BHXH) (list of existing beneficiaries of monthly pension/social insurance benefits in the province, sorted by type of benefits).

c) Time of preparing lists and reports: At the ending working day of each month.

After completing List C72a-HD, message notifying time and place of paying monthly pension/social insurance benefit shall be automatically sent from the System to each new beneficiary and each beneficiary transferred from another social security office.

d) Time of sending lists/reports: At the end of the last working day of each month or at the beginning of the 01^st of the following month. If the 01^st of the following month is a day off, required lists/reports must be sent at the end of the last working day of the reporting month.

dd) Lists/reports are sent to:

dd1) Planning and Finance Division: List C72a-HD.

dd2) Contribution Collection Division: List D03-TS.

e) Depending on actual conditions of each province, Director of provincial social security office shall decide the compilation of List C72a-HD on the 10^th of each month in order to ensure timely payment of monthly pension/social insurance benefits to eligible beneficiaries in the month.

3. Lump-sum payment of social insurance benefits:

3.1. Responsibility of Planning and Finance Division

3.1.1. Receive List C97-HD from Planning and Finance Units, List 7b-CBH from postal authorities, and Form 03-CBH from Benefit Claim and Customer Service Division.

a) Make payments to beneficiaries on the List C97-HD and List 7b-CBH; make payments to relatives of beneficiaries who do not yet receive social insurance benefits but die after comparing the received applications of Form 3-CBH with the managed data.

b) Transfer List C97-HD of recipients paid by district post offices in the province to the provincial post office; transfer List C97-HD (including list of recipients paid by district social security offices and list of recipients paid by district post offices) to Planning and Finance Units for making payment, monitoring and comparing statements with district post offices.

3.1.2. Transfer money:

a) Transfer money to district social security offices according to the sum of social insurance benefits directly paid by district social security offices as specified in List C97-HD.

b) Transfer money to provincial post office according to sum of social insurance benefits directly paid by the post office as specified in List C97-HD.

c) Check the amounts payable in the period in Form C74b-HD which is used as the basis for making advance payment of money to post authority for the next period.

d) Make notice Form 1-CBH of amounts of money transferred by the provincial social security office to the provincial post office and district social security offices.

dd) Send statements to the provincial post office.

3.1.3. Receive List C74b-HD from Planning and Finance Unit for aggregating and making payment of fees to the provincial post office.

3.1.4. Compile List C75-HD, monitor withdrawn payments under the provincial social security office, and compile a list of withdrawn payments in the whole province as regulated.

3.1.5. Instruct post offices to make payments to beneficiaries; in case beneficiaries fail to receive payments within 30 days from the receipt of the List from the social security office, the post office shall prepare and send List 7b-CBH to the related social security office, and instruct beneficiaries to contact the social security offices processing their applications for receiving payments.

3.1.6. Prepare reports

a) Make monthly report Form 4-CBH on payment of lump-sum social insurance benefits in the whole province according to data of the provincial social security office and reports Form 4-CBH sent by Planning and Finance Units of district social security offices, and send it to the Social Insurance Implementation Division.

b) Compile monthly list 7b-CBH for the whole province according to List 7b-CBH sent by post offices and after reviewing amounts paid during the month.

3.2. Responsibility of Planning and Finance Unit

3.2.1. Perform duties in Paragraph 3.1.1, 3.1.5 and 3.1.6 Point 3.1 Clause 3 of this Article according to the management authority of district social security office; receive List C97-HD from Social Insurance Implementation Unit and transfer it to the Planning and Finance Division for transferring money.

3.2.2. Make statements with district post offices

a) Instruct the post office to keep the list of recipients of payments by bank transfer, the list of recipients of cash payments, and receipt forms C95-HD bearing signatures of beneficiaries paid by the post office as regulated by laws. Prepare and send Form C74b-HD to the social security office on the 05^th of each month.

b) Compare and verify amounts paid by the post office during the month in Form C74b-HD, and send it to Planning and Finance Division.

c) Develop and implement plan for periodical inspection and verification of amounts payable, paid amounts and unpaid amounts according to documents kept by the post office and statements sent by the post office to the social security office.

3.2.3. On the final working day of each month, compile monthly list 7b-CBH for the whole district according to List 7b-CBH sent by post offices and after reviewing amounts paid during the month, and send it to Planning and Finance Division.

3.2.4. In case a beneficiary provides incorrect information about his/her account: Receive notice of failure to make payment due to incorrect account from the post office, contact and instruct the related beneficiary to make Notice form 2-CBH.

4. Payment of monthly social insurance benefits

4.1. Responsibility of Planning and Finance Division

4.1.1. Receive List C72a-HD from Social Insurance Implementation Division, Notice C12-TS (issued together with Decision No. 595/QD-BHXH) from Contribution Collection Division, Form 3-CBH from Benefit Claim and Customer Service Division, and transfer List C72a-HD to the provincial post office and Planning and Finance Units.

4.1.2. Make payment to relatives of beneficiaries: Make payment to the relative of beneficiary who does not receive full payment of outstanding pension/social insurance benefits but dies after considering the application form 3-CBH and comparing with the managed data.

4.1.3. Transfer money to the provincial post office

a) Make advance transfer of an amount of money equal to the amounts paid in the previous month to the post office at least 04 days before the scheduled payment date.

b) On the 01^st of each month, compare and deduct the unused amounts transferred to the post office in the previous month (if any) in Form C74a-HD with List C72a-HD in order to transfer the remaining amounts to the post office.

c) Make notice form 1-CBH to the district social security office to notify the amounts of money transferred by the provincial social security office to the provincial post office for paying beneficiaries in that district.

4.1.4. Organize payment of monthly pension/social insurance benefits to beneficiaries through post offices under signed contracts.

a) Payments made at payment offices: Payments must be made during at least 06 hours per day from the 02^nd to the 10^th of each month at all payment offices; the payment may end before the 10^th if the payment office has made payment to all beneficiaries according to the List sent by the social security office.

b) Payments made at transaction points of a district post office: Payments shall be made to unpaid beneficiaries at transaction points of each district post office from the 11^th to the 25^th of each month.

4.1.5. Compile List C75-HD, monitor withdrawn payments under the provincial social security office, and compile a list of withdrawn payments in the whole province as regulated.

4.1.6. Reimburse payment cost to the provincial post office according to received invoice.

4.1.7. Record revenues and expenses from health insurance premiums according to Notice C12-TS.

4.1.8. Prepare monthly report, using form 4-CBH, on monthly social insurance benefits paid by the provincial social security office, and a consolidated report on payment of monthly social insurance benefits in the whole province.

4.2. Responsibility of Planning and Finance Unit

4.2.1. Make payment to relatives of beneficiaries: In case a beneficiary dies while he/she does not yet receive full payment of outstanding benefits: Make payment to the relative of the beneficiary within the working day following the date of receipt of Form 3-CBH.

4.2.2. Make reimbursement of pension/social insurance benefits paid by post under the signed contract.

a) Time of reimbursement: Within 02 days (26^th and 27^th of each month) after completing payment of pension/social insurance benefits to beneficiaries.

b) Instruct the post office to keep the list of recipients of payments by bank transfer, the list of recipients of cash payments, and receipt forms C95-HD bearing signatures of beneficiaries paid by the post office as regulated by laws, prepare and send Statement Form C74a-HD to the social security office.

- Compare and verify amounts paid by the post office during the month in Form C74a-HD, and provide each of the district post office and the Planning and Finance Division with 01 copy thereof.

- Develop and implement plan for periodical inspection and verification of amounts payable, paid amounts and unpaid amounts according to documents kept by the post office and statements sent by the post office to the social security office.

c) The unused amounts shall not be returned to the social security office and be considered as an advance of money for making payment in the next month. Annually compare and verify received amounts, paid amounts and unused advance up to December 31 at Section B of Statement form C74a-HD.

d) Record revenues and expenses from health insurance premiums according to Notice C12-TS.

4.2.3. Monthly compile List C75-HD and record amounts withdrawn from each beneficiary according to data on the System, withdrawal decisions and incorrect payments.

5. Post authorities’ responsibility to pay social insurance benefits and manage beneficiaries:

5.1. Provincial post office

5.1.1. Receive list of recipients and money; make lump-sum payment of social insurance benefits according to the list of recipients sent by the social security office; pay monthly pension and social insurance benefits; manage beneficiaries; make statements and reports as regulated by VSS and the signed contract;

5.1.2. Keep the list of recipients of payments by bank transfer, the list of recipients of cash payments, and receipt forms C95-HD bearing signatures of beneficiaries paid by the provincial post office as regulated by laws. Based on original documents, prepare and append digital signature on Form C74a-HD and Form C74b-HD, and electronically transfer them to the social security office. Assume legal responsibility for the accuracy and consistency between electronic documents sent to the social security office and paper List of recipients and receipts bearing beneficiaries’ signatures kept by the post office; provide these documents at the request of the social security office and competent authorities.

5.2. District post office

5.2.1. Make lump-sum payment of social insurance benefits according to the list of recipients sent by the social security office; pay monthly pension/social insurance benefits and other lump-sum benefits (if any); manage beneficiaries; send statements to the district social security office and submit reports as regulated by VSS and the signed contract;

5.2.2. Compile List 7a-CBH and List 7b-CBH, Statement form C74a-HD and form C74b-HD, and electronically transfer them to the district social security office in accordance with applicable regulations on electronic transactions.

5.2.3. Receive and transfer Notice form 5-CBH to beneficiaries within 05 working days from the date of receipt from the district social security office.

5.2.4. Make and send List 8-CBH online to the district social security office by the final working day of each month in the following circumstances: Incorrect or overpaid payments; beneficiaries illegally emigrate or are declared missing. Based on data on the System and List 8-CBH, withdrawal decisions sent by the social security office and incorrect payments, withdraw incorrect payments, make and send List C75-HD, enclosed with withdrawn amounts, to the district social security office.

6. Provision of subsidies for career change of workers who return to work after occupational accidents and occupational diseases; subsidies for prevention of occupational accidents and occupational diseases; subsidies for re-investigation into occupational accidents and occupational diseases:

6.1. Responsibility of Social Insurance Implementation Division:

6.1.1. Receive paper applications from Benefit Claim and Customer Service Units or electronic applications on the Information management system; make and send notices of electronic application processing (form 03/TB-GDDT) to applicants' emails registered with the Provincial Department of Labour, War Invalids and Social Affairs.

6.1.2. Access the System for updating information and verifying social insurance payment periods and number of payments made to beneficiaries; make List of eligible beneficiaries (form C90-HD), submit it to leader for approval and transfer the approved list to Planning and Finance Division; make and submit list of ineligible beneficiaries (form 16-HSB) to the leader and to the Provincial Department of Labour, War Invalids and Social Affairs, and suspend payment; if the Provincial Department of Labour, War Invalids and Social Affairs still keeps its decision unchanged, make and submit List C90-HD to leader for approval, transfer the approved list to Planning and Finance Division, and give a notification to VSS (via Social Insurance Implementation Department).

Processing time limit: Within 04 working days from the receipt of application.

6.1.3. Make advance payment and statement of subsidies for re-investigation into occupational accidents and occupational diseases:

a) Advance payment: Receive re-investigation plan and re-investigation cost estimate from the Benefit Claim and Customer Service Division; submit application form C91-HD for advance payment of up to 80% of estimated re-investigation costs within 02 working days to the Planning and Finance Division.

b) Statement: Receive statement of re-investigation expenses from the Benefit Claim and Customer Service Division, compile List 19-HSB according to the re-investigation plan, re-investigation cost estimate, received statement and regulated spending levels, and send it to the Planning and Finance Division after it has been approved by the leader; processing time limit: Within 05 working days from the receipt of statement.

Where a re-investigation is carried out according to decision of a ministerial agency, the social security office of province where the occupational accident/disease happened shall make advance and statement of re-investigation cost.

6.2. Responsibility of Planning and Finance Division

6.2.1. Provision of subsidies for career change of workers who return to work after occupational accidents and occupational diseases, provision of occupational disease examination and treatment, work capacity restoration, or training in OSH: Based on the List C90-HD received from the Social Insurance Implementation Division, transfer subsidies to accounts of employers; processing time limit: Within 01 working day from the receipt of the List.

6.2.2. Advance payment and statement of subsidies for re-investigation into occupational accidents and occupational diseases: Based on applications for advance payment and statement of re-investigation expenses from the Social Insurance Implementation Division, make advance payment and reimburse re-investigation expenses to competent authorities within 01 working day.

7. Deduction of pension, social insurance and unemployment insurance benefits according to decisions of competent authorities:

7. 1. Responsibility of Social Insurance Implementation Units/Divisions:

7.1.1. Based on decisions on deduction of pension, social insurance/unemployment insurance benefits of competent authorities, make and send Notice 5-CBH to Planning and Finance Unit/Division of the same level in case of deduction or lump-sum social insurance benefits, or the Planning and Finance Division/ Social Insurance Division (if the district social security office receives the deduction decision) in case of deduction of monthly pension, social insurance/unemployment insurance benefits.

7.1.2. Where a beneficiary must comply with several decisions on deduction of monthly pension, social insurance benefits or unemployment insurance benefits, the Social Insurance Implementation Unit/Division shall request the leader to reach an agreement on the maximum deduction with issuers of deduction decisions, unless other agreements are made between the beneficiary and the issuer of deduction decision.

7.1.3. Where a beneficiary whose pension, social insurance benefit or unemployment insurance benefits is deducted wishes to change the receiving address or dies, the provincial social security office shall notify the issuer of deduction decision in writing within 05 working days from the day on which a notification is sent by the payment agent or the beneficiary.

7.1.4. When the deduction period expires or the beneficiary changes the receiving address or dies, the Social Insurance Implementation Unit/Division shall request the leader to notify issuers of deduction decision, compare and confirm the deducted amounts.

7.2. Responsibility of Planning and Finance Units/Divisions: According to Lists C72a-HD, C72b-HD, C97-HD, transfer deducted amounts to the issuers of deduction decision.

8. Responsibility of Contribution Collection Division: Receive List D03-TS from the Social Insurance Implementation Division; prepare and send Notice C12-TS to Planning and Finance Division.

Chapter IV

PROCEDURES FOR PROVISION OF UNEMPLOYMENT INSURANCE BENEFITS’

Article 8. Making list of recipients of unemployment insurance benefits

1. Responsibility to receive benefit claims and return processing results

1.1. Benefit Claim and Customer Service Division

1.1.1. Receive and transfer documents

a) Receive and transfer documents used as the basis for paying unemployment insurance benefits to the Social Insurance Implementation Division. To be specific:

a1) From Provincial Department of Labour, War Invalids and Social Affairs: Decisions on provision of refresher course subsidies; From employment service centers: Decisions, notices and application for provision of unemployment benefits; decisions on provision of vocational training subsidies as regulated in Clause 1, Clause 3 and Clause 6 Article 18, Clause 2 Article 19, Clause 1 Article 20, Clause 3 Article 21, Clause 4 and Clause 7 Article 22, Clause 4 Article 25 and Clause 2 Article 27 of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015;

a2) From vocational training institutions and Benefit Claim and Customer Service Unit by the 25^th of each month: List of applicants for vocational training subsidies (Form C87a-HD) bearing applicants’ signatures as regulated in Clause 5 Article 25 of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015;

a3) From employers: List of applicants for refresher course subsidies (form C92-HD) bearing signatures of workers provided with refresher course;

a4) From post offices: List of beneficiaries who do not yet receive unemployment benefits (form 7c-CBH).

b) Receive Forms C91-HD from employers and transfer them to Planning and Finance Division as regulated in Clause 3 Article 27 of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015. c) Receive processing results from the Social Insurance Implementation Division as regulated in Paragraph 2.3.2.a Point 2.3 Clause 2 of this Article.

1.1.2. Return processing results to:

a) Employment service centers: Notice of workers who do not receive unemployment benefits (using form 14 enclosed with Circular No. 28/2015/TT-BLDTBXH).

b) Vocational training institutions and Benefit Claim and Customer Service Units: List of recipients of vocational training subsidies (Form C87b-HD).

c) Employers: List of recipients of refresher course subsidies (Form C93-HD).

1.2. Benefit Claim and Customer Service Unit:

1.2.1. Receive and transfer documents

a) Receive Lists of applicants for vocational training subsidies (Form C87a-HD) from vocational training institutions and transfer them to Social Insurance Implementation Division.

b) Receive Lists of applicants for refresher course subsidies (Form C92-HD) from employers, and transfer them to Social Insurance Implementation Unit; receive and transfer Forms C91-HD to Planning and Finance Unit.

c) Receive processing results from the Social Insurance Implementation Unit/Division as regulated in Paragraph 2.3.2.b Point 2.3 Clause 2 of this Article.

1.2.2. Return processing results to:

a) Vocational training institutions: List of recipients of vocational training subsidies (Form C87b-HD).

b) Employers: List of recipients of refresher course subsidies (Form C93-HD).

2. Responsibility of Social Insurance Implementation Units/Divisions:

2.1. Receive documents

2.1.1. Receive documents

a) The Social Insurance Implementation Division shall receive the following documents from the Benefit Claim and Customer Service Division: Decisions, notices, applications for provision of unemployment benefits; decisions on vocational training subsidies; decisions on provision of refresher course subsidies; List 87a-HD; List C92-HD; Form 7c-CBH.

b) The Social Insurance Implementation Unit shall receive List form C92-HD from Benefit Claim and Customer Service Unit.

2.1.2. Examine received documents

The Social Insurance Implementation Division shall daily compare information on received decisions on provision of unemployment insurance benefits with existing data on the System for verifying eligibility, unemployment insurance benefits, payment time. To be specific:

a) In case of accurate and sufficient documents, update data about beneficiaries of unemployment insurance benefits (new beneficiaries, suspension, resumption, termination, transfer or cancellation of unemployment insurance benefits) and payment of unemployment benefits on the System for managing and monitoring beneficiaries of unemployment insurance benefits, and compile list of recipients of unemployment insurance benefits.

b) In case of incorrect or insufficient documents or where a beneficiary is found to receive unemployment benefits against the law, a Notice of beneficiary’s failure to receive unemployment benefits (using Form No. 14 issued together with the Circular No. 28/2015/TT-BLDTBXH) shall be given to the concerned employment service center.

2.2. Make lists of recipients

2.2.1. Payment of unemployment benefits: The Social Insurance Implementation Division shall:

a) Compile List C72b-HD: Compile list of recipients of unemployment benefits in cash and list of recipients of unemployment benefits by bank transfer of each district as follows:

a1) With regard to new recipients of unemployment benefits: Based on decisions on provision or cancellation of unemployment benefits, compile List of recipients of unemployment benefits (Form C72b-HD), in which the payment date in Column 1 is the working day following the date on which the List is compiled and submitted to the head of the provincial social security office for approval. Time limit for compiling the List: Within the day on which abovementioned documents are received.

Director of the provincial social security office shall cooperate with the Provincial Department of Labour, War Invalids and Social Affairs, and employment service centers in reaching an agreement on methods and time limits for transferring decisions/applications for unemployment benefits so as to facilitate beneficiaries and ensure scheduled payments.

a2) With regard to recipients of unemployment benefits from the second month, beneficiaries who do not receive unemployment benefits within 03 months from the expiration date specified in the decision on provision of unemployment benefits, and beneficiaries transferred from other provinces:

- Compile daily list: Based on decisions on suspension, termination or resumption of unemployment benefits, notices of termination of unemployment benefits, applications for resumption of unemployment benefits, Form 7c-CBH, compile List C72b-HD, in which the payment commences from the 08^th of the month, and submit the list to the head of the provincial social security office for approval. In case the 08^th of the month is a day off or public holiday, the payment shall commence at the working day following that day off or public holiday. The list shall be compiled at the end of the 07^th working day of the month; If the 07^th working day of the month is a day off or public holiday, the list shall be compiled at the end of the working day before that day off or public holiday and the payment shall commence at the working day following the compiling date.

- Compile monthly list: The list of recipients of unemployment benefits shall be compiled on the 25^th of each month with a payment period from the 01^st to the 31^st of the next month in Column 1 (Form C72b-HD) on the basis of the previous month’s List of recipients, Form 7c-CBH, the decision on resumption of unemployment benefit, the request for resumption of unemployment benefit made by the employment service center in the province to which the worker moves (Form No. 13 issued together with the Circular No. 28/2015/TT-BLDTBXH).

List of removed recipients: Upon the receipt of decisions on cancellation, suspension or termination of unemployment benefits issued by the Director of the Provincial Department of Labour, War Invalids and Social Affairs, the notice of termination of provision of unemployment benefit given by the employment service center in the province from which the worker moves (Form No. 12 issued together with the Circular No. 28/2015/TT-BLDTBXH), and after comparing information on received documents with existing data on the System, the list of removed recipients of monthly social insurance benefits (Form 12-CBH) with respect to unemployment benefits shall be compiled and sent to the Planning and Finance Division within the day on which the decision is received.

- In case an application for resumption of unemployment benefit or decision on resumption of unemployment benefit is received after the prescribed deadline for compiling the list of recipients, a list shall be compiled within a day.

Director of the provincial social security office shall cooperate with the Provincial Department of Labour, War Invalids and Social Affairs and employment service center in reaching an agreement on methods and time limits for transferring decisions on suspension, termination or resumption of unemployment benefits, notices of termination of unemployment benefits or lists of recipients in the next month so as to facilitate beneficiaries and ensure scheduled payments of unemployment benefits.

a3) On the 06^th of each month, based on Form 7c-CBH updated on the System, an additional list of unpaid beneficiaries who have been listed within the period from the final day of the previous month to the end of the 05th of current month shall be made (Form C72b-HD) (in which information in Column 1 and Column 4 is not required, and the note "List of recipients who have been listed within the period from the final day of the month n to the 05^th of the month n+1 but do not received unemployment benefits of the previous month” shall be specified at the end of the list). In case the 06^th of each month is a day off or public holiday, the list shall be compiled at the beginning of the succeeding working day.

b) In case a decision on cancellation, suspension or termination of provision of unemployment benefit is received after sending the list of recipients, a notification must be given immediately to the Planning and Finance Division and post office in order to stop making cash payment of unemployment benefits.

c) After 03 months from the expiration of unemployment benefit period according to the decision on unemployment benefit provision, within 07 working days after the said time, a notice that the worker does not receive unemployment benefit (using the Form regulated by the Ministry of Labour, War Invalids and Social Affairs) shall be given to the employment service center that pays unemployment benefit to preserve the unemployment insurance payment period.

d) List D03-TS is compiled and sent to the Contribution Collection Division at the same time when List C72b-HD is compiled.

2.2.2. Provision of vocational training subsidies

The Social Insurance Implementation Division shall receive List C87a-HD from the vocational training institutions and Social Insurance Implementation Units; examine the eligibility of each listed worker, update data on the System and compile the list of unemployed people eligible to receive vocational training subsidies (Form C87b-HD), and submit the list to the head of the provincial social security office for approval.

2.2.3. Provision of refresher course subsidies

Social Insurance Implementation Unit/Division shall receive Lists of applicants for refresher course subsidies (Form C92-HD); compare each received list with data about provision of refresher course subsidies to each employer on the System, update data on the System, make and submit Form C93-HD to the leader for approval.

2.2.4. The list must be completed within a working day. 2.3. Transfer lists

2.3.1. List C72b-HD, List C87b-HD and Form C93-HD are sent to the Planning and Finance Division.

2.3.2. The following documents are sent to the Benefit Claim and Customer Service Unit:

- Notice that a worker does not receive unemployment benefits (using form 14 enclosed with Circular No. 28/2015/TT-BLDTBXH);

- List of recipients of vocational training subsidies (Form 87b-HD);

- Form C93-HD.

b) The Social Insurance Implementation Unit transfers List of recipients of vocational training subsidies (Form 87b-HD) and Form C93-HD to the Benefit Claim and Customer Service Unit.

2.4. Aggregate data

2.4.1. At the end of each month, the Social Insurance Implementation Unit shall aggregate and store data in the whole district on the System.

2.4.2. At the end of each month, the Social Insurance Implementation Division shall aggregate and store data in the whole province on the System.

Article 9. Provision of unemployment insurance benefits

1. Responsibility of social security offices:

1.1. Payment of unemployment benefits

1.1.1 Planning and Finance Division shall:

a) Transfer money to the provincial post office twice a month on the basis of the List of recipients sent by the Social Insurance Implementation Division and Form C73-HD sent by the provincial post office. The remaining amounts of the previous month must be deducted according to Form C74a-HD and List 72b-HD. The post office may send an application for advance of money to the social security office if the provided amount of money is not enough to pay unemployment benefits; receive Notice C12-TS from the Contribution Collection Division for recording revenues and expenses from health insurance premiums.

b) Send List of recipients in cash (Form C72b-HD) to the provincial post office for making payment of unemployment benefits by post according to the payment schedule in the list under terms and conditions of the signed contract.

After the list is sent to the post office, a message notifying the date and place of paying unemployment benefits shall be sent automatically from the System to each listed recipient.

c) Transfer money to workers' accounts: Money shall be transferred when receiving the list of recipients of unemployment benefits in the first month. From the second month, money shall be transferred within 05 days from the payment date specified in Column 1 of List C72b-HD.

d) Pay account opening fees to beneficiaries of unemployment benefits according to banks' receipts of fees for issuing new ATM cards.

dd) Statement:

dd1) Instruct the post office to keep the list of recipients of cash payments, and receipt forms C95-HD bearing signatures of beneficiaries paid by the post office as regulated by laws. Form C74a-HD shall be made and sent to the social security office on the 05^th of each month.

On the 05^th of the next month, according to electronic documents sent by the post office, including the List of unpaid recipients from the 01^st to the final day of the previous month (including recipients on the list of recipients in the first month and lists from the second month) and Form C74a-HD:

In case of incorrect data, the Planning and Finance Division shall return documents and cooperate with the provincial post office in reviewing and comparing data.

In case of correct data, the Planning and Finance Division shall make certification on Form C74a-HD.

After completing bookkeeping works, Form C74a-HD shall be made, 01 copy shall be sent to each of the provincial post office and the district social security office for recording expenses and consolidating into reports of the whole district. dd2) Develop and implement plan for periodical inspection and verification of amounts payable, paid amounts and unpaid amounts according to documents kept by the post office and statements sent by the post office to the social security office.

dd3) Instruct the post office to continue paying unemployment benefits according to List C72b-HD while making statement with the social security office.

e) Reimburse the provincial post office for payment costs according to Form C74a-HD and Form C67-HD sent by the provincial post office.

g) Prepare List C75-HD and keep log of amounts withdrawn from each beneficiary as regulated.

Prepare monthly reports on provided unemployment insurance benefits (Form 4-CBH) in the whole province, and send it to the Social Insurance Implementation Division.

1.1.2. Planning and Finance Unit shall:

Prepare monthly reports on provided unemployment insurance benefits (Form 4-CBH) in the managed district, and send it to the Social Insurance Implementation Unit.

1.2. Provision of vocational training subsidies

Planning and Finance Division shall: Monthly transfer vocational training subsidies to the bank account of each vocational training institution within 02 working days from the receipt of List.

A message notifying the transfer of vocational training subsidies shall be automatically sent from the System to each listed recipient after money is transferred to the vocational training institution.

1.3. Provision of refresher course subsidies

1.3.1 Planning and Finance Division shall:

a) Provide funding for district social security offices or instruct employers to complete Form C91-HD according to data about provision of social insurance benefits posted on the System by the Social Insurance Implementation Division; make advance payment of funding to the employers' accounts within 05 working days from the day on which the provincial social security office receives the decision;

b) Transfer money to employers within 05 working days according to Form C93-HD issued by the Social Insurance Implementation Division.

1.3.2. Planning and Finance Unit shall:

- a) According to data about provision of social insurance benefits posted on the System by the Social Insurance Implementation Division, instruct employers to complete Form C91-HD; make advance payment of funding to the employers' accounts within 05 working days from the receipt of the decision;

- Transfer money to employers within 05 working days according to Form C93-HD.

2. Responsibility of postal authorities:

- Receive lists and money; make payments and submit reports and statements according to VSS's regulations.

- Keep lists of recipients of cash payments, and receipt forms C95-HD bearing signatures of beneficiaries paid by post offices as regulated by laws. Prepare and append digital signatures on the following documents, and electronically send them to the social security office: List 7c-CBH, Form C74a-HD. Assume legal responsibility for the accuracy and consistency between electronic documents sent to the social security office and paper List of recipients and receipts bearing beneficiaries’ signatures kept by the post office; provide these documents at the request of the social security office and competent authorities.

- Use digital signature when compiling List 7c-CBH and Form C74a-HD which are electronically transferred to social security offices in accordance with applicable regulations on electronic transactions.

- Monthly prepare and electronically send List 8-CBH (with regard to unemployment benefits) of incorrect payments in comparison with List C72b-HD and List 12-CBH issued by the social security office.

Chapter V

FORMS AND REPORTS

Article 10. Forms

1. Forms of applications, lists, reports and statistical indicators are provided in the Appendix enclosed with this document. Forms and statistical indicators may be amended or adjusted in specific official dispatches given by VSS to meet actual demand.

2. Forms of applications, statements and documents shall be provided free of charge by social security offices or may be printed, photocopied, typed or written according to prescribed forms by employers and workers, unless electronic documents must be submitted as regulated.

Chapter VI

IMPLEMENTATION ORGANIZATION

Article 11. Responsibility of social security offices affiliated to Ministry of National Defence and People's Police Force

1. Mange and keep processed applications as regulated; social security offices affiliated to the Ministry of National Defence and the People’s Police Force shall stipulate applications/documents to be made and kept according to their specific operation and organization.

2. Carry out procedures for relocating receiving address of beneficiaries of monthly pension/social security benefits to their residing places as follows:

2.1. Digitize processed applications for social insurance benefits and transfer them to VSS.

2.2. Make Notice Form 18-HSB and send it to the social security office of the province to which the beneficiary moves; make Notice Form 23-HSB for sending to the employee.

2.3. Proactively cooperate with local social security offices in dealing with difficulties that arise while relocating beneficiaries.

3. Submit annual report on provision of social insurance benefits in the previous year to VSS (Department of Social Insurance Implementation) by January 10 of each year.

Article 12. Responsibility of VSS’s affiliates

1. Information Technology Center shall:

Develop and update software programs serving the purposes of this document; provide instructions on how to use software programs and deal with difficulties that arise during the use of software programs.

2. Department of Social Insurance Implementation shall:

2.1. Access the System for inspecting and monitoring the provision of social insurance benefits in local area.

2.2. Take charge and cooperate with relevant agencies in instructing and inspecting provincial social security offices in processing applications for social insurance benefits, compiling lists of recipients of social insurance benefits and unemployment insurance benefits.

2.3. Aggregate data and export reports:

Prepare reports on processing of applications for social insurance benefits nationwide using Form 02C-HSB, 20-HSB, and 22-HSB for storing on the System.

3. Department of Finance and Accounting:

Take charge and cooperate with relevant agencies in organizing, managing and providing consistent guidelines for payment, appraisal and statement of social insurance benefits and unemployment insurance benefits as regulated.

4. Department of International Cooperation: Translate forms of applications and decisions on provision of social insurance benefits into English, and send English translations to Information Technology Center for updating software programs serving the processing of applications for social insurance benefits submitted by workers who are foreign nationals working in Vietnam according to Decree No. 143/2018/ND-CP.

5. Archives Center: Take charge and cooperate with Information Technology Center in developing software programs and providing instructions to digitize documents for storing on the System; instruct provincial social security offices to keep paper documents concerning social insurance benefits and unemployment insurance benefits.

6. Legal Department: Take charge of providing instructions to receive applications and return application processing results.

7. Other affiliates of VSS: Cooperate with Department of Social Insurance Implementation and Department of Finance and Accounting in organizing the implementation of this document according to their assigned functions and duties.

Difficulties that arise during the implementation of this document should be reported to VSS for consideration./.

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